FC v MS

FC v MS

The defence under Article 13(b) was not made out. There is no immediate risk to DC if returned to Ireland and into the father's care in the context of a welfare enquiry, and the mother will remain in England, so any deterioration in her mental health will be managed. Protective measures offered are sufficient. Separation from mother and sibling, while far from ideal, does not reach the threshold of intolerability. The high bar set by Article 13(b) is not reached.

Parties
Applicant: FC; Respondent: MS
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment on Summary Return
Outcome
Application granted; order for summary return of DC to Ireland.
Legal Topics
1980 Hague Convention, Article 13(b) Grave Risk Defence, Protective Measures, Summary Return, Child Welfare Assessment
Family Law International Child Abduction 1980 Hague Convention Article 13(b) Grave Risk Defence Protective Measures Summary Return Child Welfare Assessment

Case Brief

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Parties

FC

Applicant

MS

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment on Summary Return

Legal Issues

  1. 1 Whether the defence under Article 13(b) of the Hague Convention is made out, i.e. whether there is a grave risk that DC's return would expose him to physical or psychological harm or otherwise place him in an intolerable situation
  2. 2 Whether protective measures are sufficient to ameliorate any grave risk identified
  3. 3 Whether separation from mother and sibling renders return intolerable

Ratio Decidendi

The defence under Article 13(b) was not made out. There is no immediate risk to DC if returned to Ireland and into the father's care in the context of a welfare enquiry, and the mother will remain in England, so any deterioration in her mental health will be managed. Protective measures offered are sufficient. Separation from mother and sibling, while far from ideal, does not reach the threshold of intolerability. The high bar set by Article 13(b) is not reached.

Court Disposition

Application granted; order for summary return of DC to Ireland.

Orders

  • DC to be returned to Ireland by no later than 25 May 2025, or earlier if a school place is obtained.
  • Applicant father to give undertakings: fund return fares, provide accommodation, not molest respondent, not pursue civil or criminal proceedings for abduction, arrange regular video contact, and immediately initiate welfare enquiry in Ireland.